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Govt.’s prerogative to frame schemes: SC

Topics Covered:

  1. Separation of powers between various organs dispute redressal mechanisms and institutions.

 

Govt.’s prerogative to frame schemes: SC

 

What to study?

  • For Prelims: Article 226 and related issues.
  • For Mains: Judicial overreach- need, significance, concerns and what’s the way out?

 

Context: It is the sole prerogative of the government to frame schemes and courts should stay out of governance, the Supreme Court has said in a judgment.

 

Background:

SC has criticised the Uttarakhand High Court for framing a scheme to regularize hundreds of casual workers engaged by the Border Roads Organisation (BRO) in the construction of roads for Char Dham Yatra pilgrimage.

 

Important observations made by SC:

  1. It is not the function of the courts to frame any scheme but it is the sole prerogative of the government to do it.
  2. All that the High Court, in exercise of its extraordinary power under Article 226 of the Constitution, can do is to direct the government to consider framing an appropriate scheme.
  3. Such directions to the government to consider framing a scheme should be with regard to the facts and circumstances of each case.
  4. It is only in exceptional cases when the court considers it proper, should it issue appropriate mandatory directions, the Supreme Court held.

 

Need of the hour:

The line between Judicial activism and Judicial Overreach is very narrow. In simple terms, when Judicial activism crosses its limits and becomes Judicial adventurism it is known as Judicial Overreach. When the judiciary oversteps the powers given to it, it may interfere with the proper functioning of the legislative or executive organs of government. Judicial Overreach destroys the spirit of separation of powers.

Sources: the hindu.